BILL NUMBER: SB 683	CHAPTERED  09/29/00

	CHAPTER   879
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 28, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	AMENDED IN ASSEMBLY   AUGUST 30, 2000
	AMENDED IN ASSEMBLY   AUGUST 23, 2000
	AMENDED IN ASSEMBLY   AUGUST 19, 1999
	AMENDED IN ASSEMBLY   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   JULY 1, 1999
	AMENDED IN SENATE   APRIL 27, 1999
	AMENDED IN SENATE   APRIL 14, 1999

INTRODUCED BY   Senator Perata
   (Principal coauthor:  Senator Ortiz)

                        FEBRUARY 24, 1999

   An act to amend Section 3515.7 of, and to add Section 3517.8 to,
the Government Code, relating to state employment relations.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 683, Perata.  Employment relations:  state.
   The Ralph C. Dills Act provides that once an employee organization
is recognized as the exclusive representative of an appropriate
unit, it may enter into an agreement with the state employer
providing for organizational security in the form of maintenance of
membership or fair share fee deduction.  The act provides that fair
share fee deductions shall continue for 3 years from the effective
date of the agreement or the duration of the agreement, whichever
comes first.
   The California Public Employment Relations Board has determined
that arbitration clauses do not continue in effect after the
expiration of a collective bargaining agreement with limited
exceptions.
   This bill would require the parties to the agreement to continue
to give effect to the provisions  of an expired memorandum of
understanding, including provisions that supersede existing law,
provisions relating to arbitration, no strike provisions, agreements
covered in the Fair Labor Standards Act, or the deduction of fair
share fees, if the Governor and the recognized employee organization
have not agreed to a new memorandum of understanding and have not
reached an impasse in negotiations.  The bill would also provide that
if the parties reach an impasse in negotiations, the state employer
may implement any or all of its last, best, and final offer.   It
would require any proposal in this offer that, if implemented, would
conflict with existing statutes or require the expenditure of funds
to be presented to the Legislature for approval. The bill would
provide that implementation of the last, best, and final offer would
not relieve the parties of the obligation to bargain in good faith
and reach agreement if any circumstances change.
   This bill would provide that fair share fee deductions shall
continue until the effective date of a successor agreement or
implementation of the state's last, best, and final offer, whichever
occurs first.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 3515.7 of the Government Code is amended to
read:
   3515.7.  (a) Once an employee organization is recognized as the
exclusive representative of an appropriate unit it may enter into an
agreement with the state employer providing for organizational
security in the form of maintenance of membership or fair share fee
deduction.
   (b) The state employer shall furnish the recognized employee
organization with sufficient employment data to allow the
organization to calculate membership fees and the appropriate fair
share fees, and shall deduct the amount specified by the recognized
employee organization from the salary or wages of every employee for
the membership fee or the fair share fee.  These fees shall be
remitted monthly to the recognized employee organization along with
an adequate itemized record of the deductions, including, if required
by the recognized employee organization, machine readable data.
Fair share fee deductions shall continue until the effective date of
a successor agreement or implementation of the state's last, best,
and final offer, whichever occurs first.  The Controller shall
retain, from the fair share fee deduction, an amount equal to the
cost of administering the provisions of this section.  The state
employer shall not be liable in any action by a state employee
seeking recovery of, or damages for, improper use or calculation of
fair share fees.
   (c) Notwithstanding subdivision (b), any employee who is a member
of a religious body whose traditional tenets or teachings include
objections to joining or financially supporting employee
organizations shall not be required to financially support the
recognized employee organization.  That employee, in lieu of a
membership fee or a fair share fee deduction, shall instruct the
employer to deduct and pay sums equal to the fair share fee to a
nonreligious, nonlabor organization, charitable fund approved by the
State Board of Control for receipt of charitable contributions by
payroll deductions.
   (d) A fair share fee provision in a memorandum of understanding
which is in effect may be rescinded by a majority vote of all the
employees in the unit covered by the memorandum of understanding,
provided that:  (1) a request for such a vote is supported by a
petition containing the signatures of at least 30 percent of the
employees in the unit; (2) the vote is by secret ballot; and (3) the
vote may be taken at anytime during the term of the memorandum of
understanding, but in no event shall there be more than one vote
taken during the term.  If the board determines that the appropriate
number of signatures have been collected, it shall conduct the vote
in a manner which it shall prescribe.  Notwithstanding this
subdivision, the state employer and the recognized employee
organization may negotiate, and by mutual agreement provide for, an
alternative procedure or procedures regarding a vote on a fair share
fee provision.
   (e) Every recognized employee organization which has agreed to a
fair share fee provision shall keep an adequate itemized record of
its financial transactions and shall make available annually, to the
board and to the employees in the unit, within 90 days after the end
of its fiscal year, a detailed written financial report thereof in
the form of a balance sheet and an operating statement, certified as
to accuracy by its president and treasurer or comparable officers.
In the event of failure of compliance with this section, any employee
in the unit may petition the board for an order compelling this
compliance, or the board may issue a compliance order on its own
motion.
   (f) If an employee who holds conscientious objections pursuant to
subdivision (c) requests individual representation in a grievance,
arbitration, or administrative hearing from the recognized employee
organization, the recognized employee organization is authorized to
charge the employee for the reasonable cost of the representation.
   (g) An employee who pays a fair share fee shall be entitled to
fair and impartial representation by the recognized employee
organization.  A breach of this duty shall be deemed to have occurred
if the employee organization's conduct in representation is
arbitrary, discriminatory, or in bad faith.
  SEC. 2.  Section 3517.8 is added to the Government Code, to read:
   3517.8.  (a) If a memorandum of understanding has expired, and the
Governor and the recognized employee organization have not agreed to
a new memorandum of understanding and have not reached an impasse in
negotiations, subject to subdivision (b), the parties to the
agreement shall continue to give effect to the provisions of the
expired memorandum of understanding, including, but not limited to,
all provisions that supersede existing law, any arbitration
provisions, any no strike provisions, any agreements regarding
matters covered in the Fair Labor Standards Act of 1938 (Chapter 8
(commencing with Section 201) of Title 29 of the United States Code),
and any provisions covering fair share fee deduction consistent with
Section 3515.7.
   (b) If the Governor and the recognized employee organization reach
an impasse in negotiations for a new memorandum of understanding,
the state employer may implement any or all of its last, best, and
final offer.  Any proposal in the state employer's last, best, and
final offer that, if implemented, would conflict with existing
statutes or require the expenditure of funds shall be presented to
the Legislature for approval and, if approved, shall be controlling
without further legislative action, notwithstanding Sections 3517.5,
3517.6, and 3517.7..  Implementation of the last, best, and final
offer does not relieve the parties of the obligation to bargain in
good faith and reach an agreement on a memorandum of understanding if
any circumstances change, and does not waive any rights that the
recognized employee organization has under this chapter.
